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ORIGINAL THINKING
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南非合同法对不可抗力条款的诠释

30 Jun 2020

由于自然灾害在南非比较罕见,而且生活在和平时期,因此许多人在议定协议时并未在不可抗力条款上多费时间。此外,许多协议甚至未载明此类条款,而是适用既定的普通法原则,可令当事人最终未能享获应有的保障。本文有助于对南非商法中有关不可抗力或所谓“天灾”的复杂领域提供一些深刻见解和实用建议。
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telecoms and media in brief | issue 14

30 Jun 2020

telecoms and media in brief | issue 14
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Fairness and reasonableness win the day: the Beadica judgment

30 Jun 2020
BY Michael Katz AND Dale Hutchison

The power of a court to strike down or refuse to enforce a contract that it considers to be unfair, unduly harsh or unreasonable, has been a controversial one in South African law for some time.
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Conduct standard on net asset valuation calculation and pricing for CIS portfolios published

30 Jun 2020
BY Alex Taylor , Jessica Blumenthal AND Johan Loubser

The Financial Sector Conduct Authority (“FSCA”) published Conduct Standard 1 of 2020 (CIS) on 19 May 2020 (“Conduct Standard”) to address net asset value calculation and pricing for collective investment scheme portfolios.
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ENSafrica: Coronavirus (COVID-19) legal update

Coronavirus (COVID-19) issue 10 | 30 Jun 2020

issue 10
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The constitutional duties of independent schools, and challenges to the enforcement of a contractual term

29 Jun 2020
BY Aslam Moosajee

In AB and Another v Pridwin Preparatory School and Others, the central question was whether an independent school is entitled to terminate a contract on reasonable notice without following a hearing and without providing reasons for its decision.
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Uganda High Court sets guidelines for informed consent required during clinical trials

29 Jun 2020
BY Phillip Karugaba AND Anita Kenyangi

The Ugandan High Court has set out guidelines for obtaining informed consent from the subjects of human clinical drug trials.
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Africa Business In Brief

issue 358 | 28 Jun 2020

issue 358
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In times of crisis and beyond: the imperative for sustainable development

25 Jun 2020
BY Stephen Levetan

Government and developers will be required to consider and strike a balance between all of the pillars of sustainable development in rebuilding South Africa during and post-COVID. 
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South Africa: Pretoria High Court rules the state must consider race when awarding COVID-19 relief funding to SMMEs

25 Jun 2020
BY Aslam Moosajee AND Joshua Davis

On 19 June 2020, the Pretoria High Court handed down judgment in Democratic Alliance v President of the Republic of South Africa and Four Others
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Constitutional Court rules there is no automatic prescription or immunity for cartel conduct three years after the effect of the conduct has ceased

24 Jun 2020

The court has concluded in a unanimous decision that it is rational to interpret section 67(1) as a procedural time-bar and that non-compliance with the procedural time-bar can be condoned by the Tribunal on good cause shown.
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tax in brief | issue 48

23 Jun 2020

tax in brief | issue 48
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Vicarious liability: Can an employer be liable for the intentional and wrongful conduct of its employees?

23 Jun 2020
BY Brian Patterson AND Naa’ilah Abader

The concept of vicarious liability is not uncommon in the context of employment relationships. There is a plethora of cases dealing with the question of whether an employer may be liable to a third party arising from the conduct of its employees.
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Regulatory reforms in the Ugandan telecommunications sector

23 Jun 2020
BY Donald Nyakairu AND Tracy Kakongi

On 8 November 2019, the MICT released a set of regulations providing for a new licensing framework for telecommunications operators and the regulation of previously unregulated areas.
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POPIA to commence soon

22 Jun 2020
BY Ridwaan Boda , Era Gunning AND Wilmari Strachan

The much anticipated and deeply needed Protection of Personal Information Act, 2013 (“POPIA”), which gives effect to the constitutional right to privacy in South Africa, will soon be law.
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